*** WON *** Statute Barred Debt Lloyds Overdraft by Lowell)

[warwick65]

Re: Statute Barred Debt - County Court Form Received (Lloyds Overdraft by Lowell)

Hi
Sorry not read the whole thread but have you submitted your defence?

By my reckoning you have until 11th June to enter your defence ( 33 days from the date on the claim form)

I would use one of the sample defences in the list in the green box - probably the second more detailed defence however I would add

The claim is statute barred under S5 The limitations Act 1980 as no payment or acknowledgment has been made for a clear period of six (6) years

The defendant does not recall receiving any notice of assignment and it is denied any notice of assignment was served according to the law of property act 1925 ,

The claimant is put to strict proof that a legal assignment occurred and is requested to disclose the Notice of assignment and the Deed of assignment between the original creditor and Lowell Portfolio 1
[MENTION=5553]charitynjw[/MENTION] - any ideas?

Once the claimants solicitor have received your defence they have 28 days to respond after which it is stayed - until and unless they apply for the stay to be lifted

before you enter your defence you may want to post a draft up so it can be sense checked for any errors

[603090555]

Re: Statute Barred Debt - County Court Form Received (Lloyds Overdraft by Lowell)

Hey been a bit quiet. Got my defence in just on time used another post similar for guidance using Statute Barred as the defence. I have the following back and hoping someone can clarify what it means/what is next:

"Lowell Portfolio vs xx"

"I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen."

"Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay."

As a side note I am still waiting for my SARS to come back (had one acknowledgement but no documents as of yet).

Am I right in thinking the court have basically passed my defence to Lowell Solicitors and offered a period to resolve outside of the court - should this not be possible Lowell may then wish to proceed with a hearing? Trying to work out my next moves or whether this is now a waiting game.

Plus notice there's a green tick next to the post title - what does that mean?

[Amethyst]

Re: *** WON *** Statute Barred Debt Lloyds Overdraft by Lowell)

continues....... http://legalbeagles.info/forums/show...-Portfolio-LTD